Estate of Taplin, Ernest Von
Opinion
Trial Court Opinion
FOR PUBLICATION UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
3 In re: ) ) ESTATE OF TAPLIN, ) Case No. 21-24148-C-11 ) Docket Control No. DEF-002 Debtor. )
MEMORANDUM DECISION AND ORDER ON MOTION FOR STAY PENDING APPEAL
8 CHRISTOPHER M. KLEIN, Bankruptcy Judge: The lawyer who was sanctioned $10,000 under Rule 9011 botched the 14-day window to seek modification of the judgment before a filed notice of appeal became “effective” to strip this court of authority to modify a payment term in the judgment without permission of the appellate court. Although his untimely and procedurally incorrect “Application” to revise the judgment cannot be granted, it will be construed under Rule 1001 as a procedurally correct motion for stay pending appeal that will be granted in two phases conditioned on posting of successive bonds. 19 I This court entered a judgment on May 31, 2022, imposing sanctions under Federal Rule of Bankruptcy Procedure 9011 for an 23 …